CYBERCRIMES (PROHIBITION, PREVENTION, ETC) ACT, 2015

Explanatory Memorandum

The Act provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria. This act also ensures the protection of critical national information infrastructure, and promotes cybersecurity and the protection of computer systems and networks, electronic communications, data and computer programs, intellectual property and privacy rights.Download PDF | Back to Top

Annex of Statistical Information Country Reports on Terrorism 2014

Title 22, Section 2656f of the United States Code requires the Department of State to include in its annual report on terrorism “to the extent practicable, complete statistical information on the number of individuals, including United States citizens and dual nationals, killed, injured, or kidnapped by each terrorist group during the preceding calendar year.” The definition found in Title 22 of the U.S. Code provides that terrorism is “premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents.” From 2004 to 2011, the data for the Annex of Statistical Information were collected by the National Counterterrorism Center, part of the Office of the Director of National Intelligence, through the Worldwide Incidents Tracking System (WITS).Download PDF | Back to Top

Administration of the Criminal Justice Act 2015

One of the last duties performed by Nigeria’s immediate past president, Dr Goodluck Jonathan, was to sign the Administration of Criminal Justice Act 2015 ACJA into law on May 15, 2015.
The Administration of Criminal Justice Act (ACJA) 2015 has been described as one revolutionary legislation in the advancement of criminal procedure in Nigeria. It is indeed revolutionary in the sense of repealing the erstwhile Criminal Procedure Act which applied in the South and the Criminal Procedure Code which applied in the North.
With the ACJA, Nigeria now has a unique law applicable in all federal courts and with respect to offences contained in federal legislations. The ACJA 2015 is available for download in PDF format see below.
A Bill for an Act to provide for the administration of the criminal justice in the courts of the Federal Capital Territory and other federal courts in Nigeria; and for related matters: Enacted by the National Assembly of the Federal Republic of Nigeria.
This Act is available for download in PDF format Download PDF | Back to Top

Advance Fee Fraud and other Fraud Related Offences Act 2006

1. (1) Notwithstanding anything contained in any other enactment or law, any person who by any false pretence, and with intent to defraud

(a) obtains, from any other person, in Nigeria or in any other country for himself or any other person;
(b) induces any other person, in Nigeria or in any other country, to deliver to any person; or
(c) obtains any property, whether or not the property is obtained or its delivery is induced through the medium of a contract induced by the false pretence, commits an offence under this Act.
The Advance Fee Fraud and other Fraud Related Offences Act 2006 is available for download in pdf format below.
An Act to Prohibit and punish certain offences pertaining to Advance Fee Fraud and other fraud related offences and to repeal other Acts related therewith. Download PDF | Back to Top

Constitution of the Federal Republic of Nigeria 1999

We the people of the Federal Republic of Nigeria Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding And to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people Do hereby make, enact and give to ourselves the following Constitution Download PDF | Back to Top

Copyrights Act

The Copyright Act was promulgated in 1988 as the Copyright Decree (No. 47) of that year. It repealed the Copyright Decree (No 61) of 1970. With the revision of all existing federal legislation, the Decree was re-designated the Copyright Act and contained in Cap. 68, Laws of the Federation of Nigeria, 1990. The Act was amended by the Copyright (Amendment) Decree (No. 98) of 1992 and further amended by the Copyright (Amendment) Decree (No. 42) of 1999. It became part of the codification of Nigerian Law done in 2004 and is presently referenced as Cap 28 Laws of the Federation of Nigeria, 2004
The Copyright Act is available for download in pdf format below.
NIGERIAN COPYRIGHT ACT Cap 28 Laws of the Federation of Nigeria, 2004. Download PDF | Back to Top

Arrangement of Sections (The original numbering of sections has been retained in order not to disturb the cross-references to those sections in other enactments.) Chapter 1 Preliminary, Arrests, Bail, and Preventive Justice Chapter 2. Provisions Relating in General to all Criminal Trials and Inquiries. The Criminal Procedure Act is available for download in PDF format Download PDF | Back to Top

Customs and Excise Management Act

Preliminary Information
Customs & Excise Management of CAP. 84 Laws of The Federation of Nigeria, 1990
The Customs and Excise Management Act (CEMA), is the principal law guiding the Administration of Customs and Excise in Nigeria.
It is divided in to 13 parts, spanning 195 Sections and 3 Schedules.
It has 19 subsidiary Legislations (Regulations). Note that the Measurements in the 19 Regulations are in English measurements but should be converted to the metric system of measurement when intended to be applied.
The Customs and Excise Management Act is available for download in pdf format below.
An Act to regulate the management and collection of duties of customs and excise, and for purposes ancillary thereto Download PDF | Back to Top

Economic and Financial Crimes Commission Establishment Act 2004

The Act mandates the EFCC to combat financial and economic crimes. The Commission is empowered to prevent, investigate, prosecute and penalise economic and financial crimes and is charged with the responsibility of enforcing the provisions of other laws and regulations relating to economic and financial crimes, including:
Economic and Financial Crimes commision Establishment act (2004)
The Money Laundering Act 1995
The Money Laundering (Prohibition) act 2004
The Advance Fee Fraud and Other Fraud Related Offences Act 1995
The Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act 1994
The Banks and other Financial Institutions Act 1991; and
Miscellaneous Offences Act
The EFCC Establishment Act 2004 is available for download in pdf format below.
In addition, the EFCC will be the key agency of government responsible for fighting terrorism. Download PDF | Back to Top

Federal Inland Revenue Service Act 2007

An Act To Provide For The Establishment Of The Federal Inland Revenue Service Charged With Powers Of Assessment, Collection Of, And Accounting For Revenues Accruable To The Government Of The Federation; And For Related Matters. ENACTED by the National Assembly of the Federal Republic of Nigeria
The Federal Inland Revenue Service Act 2007 is available for download in pdf format below.
The Federal Inland Revenue Service Act 2007. Download PDF | Back to Top

Freedom Of Information Act

Freedom of Information Act. 2011. Laws of the Federation of Nigeria. Arrangement of Sections. 1. Rights of access to records. 2. Information about public. 3. Request for access to record. 4. Time for granting or refusing application 5. Transfer of Application. 6. Extension of time limit for refusing or granting application…..
An act to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent to the public interest and protection of personal privacy, protect serving public officers from adverse consequences of disclosing certain kinds of official information without authorization and establish procedures for achievement of those purposes and; for related matters.
This Act is available for download in pdf format Click to Download PDF | Back to Top

Money Laundering Prohibition Act 2011 as Amended

The Money Laundering (Prohibition) Act, 2011 has repealed the Money Laundering (Prohibition) Act, 2004 by providing for, among other things, that no person or body corporate shall, except in a transaction executed through a licensed financial institution, make or accept cash payments of a sum exceeding N5,000,000 (Five Million Naira) or its equivalent in the case of an individual, or N10,000,000 (Ten Million Naira) or its equivalent in the case of a body corporate.Any Financial Institution or Designated-Financial Institution that fails to comply with the above provision by making the appropriate compliance report to the regulatory authorities commits an offence and is liable on conviction to a fine of not less than N250,000:00 (Two Hundred and Fifty Thousand Naira) for an individual and not more than N1,000,000 (One Million Naira) for a body corporate, for each day that the contravention continues unabated.Foreign Exchange Transfers.
Also, any transfer to or from a foreign country of funds or securities in excess of US$10,000 (Ten Thousand United States Dollars) or its equivalent must be reported to the Central Bank of Nigeria (“CBN”), the Securities & Exchange Commission (“SEC”) and the Economic & Financial Crimes Commission (“EFCC”) within seven days from the date of the transfer transaction in question. The Report must indicate the names and addresses of the Sender, and of the Receiver of the funds or securities. The MLPA 2011 as Amended is available for download in PDF format see below.
Money Laundering (Prohibition) Act, 2011 (As Amended) Harmonized Act No. 11, 2011 and Act No. 1 2012. Download PDF | Back to Top

National Drug Law Enforcement Agency Act

The establishment of the National Drug Law Enforcement Agency (NDLEA) by the promulgation of Decree Number 48 of 1989, now Act of Parliament, was aimed at exterminating illicit drug trafficking and consumption in the Nigerian society. It is a well-known fact that any involvement in drugs, especially their importation, exportation, sale, transfer, purchase, cultivation, manufacture, extraction and possession is universally unacceptable. The establishment of the NDLEA was Nigeria’s deliberate attempt at joining the rest of the world in getting rid of this cankerworm within her borders
The NDLEA Act is available for download in pdf format below.
National Drug Law Enforcement Agency Act. Download PDF | Back to Top

On 17 May, 2007 and 30 May, 2007, the Nigerian Senate and the House of Representatives, respectively, passed the National Environmental Standards and Regulations Enforcement Agency (Establishment) Bill, 2007. On 30 July, 2007, the Nigerian President, Umaru Musa Yaradua, assented to the Bill, thus heralding the new law on environmental protection, hereinafter called the NESREA Act, 20071. It is worthy of note that the NESREA Act repealed the Nigerian flagship law on the environment ie the Federal Environmental Protection Agency Act (FEPA Act)2. Consequently, the NESREA Act has become the primary law on environmental protection while the new Agency has replaced the old Agency.
National Environmental Standard and Regulations Enforcement Agency (Establishment) Act, 2007 is available for download in pdf format below.
National Environmental Standards and Regulations Enforcement Agency (NESREA) Act – A Review. Download PDF | Back to Top

Nigerian Criminal Code Act

1. This Act may be cited as the Criminal Code Act.
1A. The provisions of this Act shall take effect subject to the provisions of the Penal Code (Northern States) Federal Provisions Act.
2.(1) The provisions contained in the Code of Criminal Law set forth in the Schedule to this Act, and hereinafter called “the code”, shall, except to the extent specified in subsection (2), be State laws with respect to the several matters therein dealt with.
(2) The provisions contained in the code which relate to, any matter contained in the First Schedule to the Constitution of the Federal Republic of Nigeria, shall be the law of the Federal Republic of Nigeria with respect to the several matters therein dealt with.
(3) The code may be cited as the Criminal Code.
(4) The provisions of Chapters 2, 4 and 5 of the Criminal Code shall apply in relation to any offence against any Order, Act, Law, or Statute and to all persons charged with any such offence.
The Nigerian Criminal Code Act is available for download in pdf format below.
Criminal Code Act Chapter 77 Laws of the Federation of Nigeria 1990 Download PDF | Back to Top

Terrorism Prevention Act 2013

Key provisions:

Makes the office of the National Security Adviser the national coordinating body for all security and enforcement agencies under this Act

Makes the Attorney General of the Federation the authority for the implementation and administration of the Act

Gives law enforcement agencies the responsibility for gathering intelligence and investigation of offences under the Act

Provides the powers for the law enforcement agencies to effectively carry out their intelligence gathering and investigation functions

Provides a special class of offences against internationally protected persons

Detention for a renewable period of 90 days (upon an exparte court order) of individuals being investigated for suspected terrorist activity.

Trafficking in Persons (Prohibition) Act 2005 as amended

Establishment of National Agency for prohibition of traffic in persons.

Establishment, membership, and appointment of members of the Governing Board.

Tenure of office, etc.

Functions of the Agency.

Special power of the Agency.

Secretariat and appointment of Secretary and other staff of the Agency.

Trafficking in Persons (Prohibition) Act 2005 as amended is available for download in pdf format below.
This Act provides sundry amendments to the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003, No. 24 to expand its scope from investigation to prosecution of human traffickers, seizure of properties and forfeiture. Download PDF | Back to Top

The Corrupt Practices and Other Related Offences Act 2003

In this Act,
“Agent” – means any person employed by or acting for another and includes an officer of a public body or an officer serving in or under any public body, or a corporate body or any political party or institution, a trustee, an administrator or executor of the estate of a deceased person, a sub-contractor, any person employed by or acting for such trustee, administrator, executor, or sub-contractor;
“Associate”, in relation to a person includes any person who is an employee, agent, nominee or representative, trustee, firm or incorporated company known to act subject to the directives or influence of such person;“Bank”- means a bank, a finance company, a Commercial Bank, a merchant bank, or a discount house, licensed under the Banks and other Financial Institutions Decree,. or any other financial institution established or licensed under any other written law;
“Banker’s book” includes ledgers, day books, cash books, account books and all other books and documents or electronic devices used in the ordinary course of business of a bank;
“Business” means any activity carried on for the purpose of gain or profit and includes all property derived from or used in or for the purpose of carrying on such activity, and all the rights and liabilities arising from such activity;
The Corrupt Practices and Other Related Offences Act 2003 is available for download in pdf format below.
An Act To Prohibit And Prescribe Punishment For Corrupt Practices And Other Related Offences And To Establish Anti-Corruption Commission Enacted By The National Assembly Of The Federal Republic Of Nigeria. Download PDF | Back to Top

The Investments and Securities Act 2007

Explanatory Memorandum
The Act, amongst other things, provides for-
(a) the establishment of Securities and Exchange Commission;
(b) the repeal of the Investments and Securities Act 1999;
(c) the enlarged powers and functions of the Commission over the capital market ; and
(d) a set of new market infrastructures and wide-ranging system of regulation of investment and securities business in Nigeria, especially in the area of Mergers, Acquisitions and Take-Over, and collective Investment Schemes, where new provisions were made.
The Investments and Securities Act 2007 is available for download in pdf format below.
The Investments and Securities Act 2007. Download PDF | Back to Top